This section contains the nature of the case and procedural background.

Clark (P) sued Associates (D) for damages to his property and person (a broken leg) when D's agents used force to repossess a tractor that was collateral for a P-D loan. D filed a third-party complaint seeking indemnity from its employee (Howard) and two others who assisted in the repossession. The third-party defendants moved to dismiss the third-party complaint and P moved to strike that complaint or for a separate trial for the issues raised therein. P alleged that Howard and the other repossessing parties were agents of D.

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